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Thursday, 27 Oct 2022

Written Answers Nos. 61-80

Employment Rights

Ceisteanna (61)

Aodhán Ó Ríordáin

Ceist:

61. Deputy Aodhán Ó Ríordáin asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 20 of 8 September 2022, if he will report on his Department's approach to the High Court injunction secured on 24 August 2022 by some security companies to block the enforcement of the new employment regulation order for the security sector; and if he will make a statement on the matter. [53735/22]

Amharc ar fhreagra

Freagraí scríofa

On 3 August 2022, I signalled my intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration and other terms and conditions in the Security Sector. The Order was to apply from 29 August 2022.

On 24 August 2022, the Department of Enterprise, Trade and Employment was informed that the High Court had granted an Injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry. As a result of the Injunction, I cannot at this moment in time proceed with the Order. To this end, my officials are actively engaged with counsel in obtaining legal advice on the matter.

Human Rights

Ceisteanna (62)

Catherine Connolly

Ceist:

62. Deputy Catherine Connolly asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 85 of 14 September 2022, the status of his Department’s engagement with the Department of Foreign Affairs regarding the development of a second national action plan on business and human rights; and if he will make a statement on the matter. [53790/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Ireland's first National Plan on Business and Human Rights was launched by the Department of Foreign Affairs towards the end of 2017. The implementation of this whole-of-Government plan was overseen by a multistakeholder implementation group comprised of representatives of Government, civil society and business, including from my own Department.

Both the plan itself and the Programme for Government committed to a review of implementation of the Plan, and this was undertaken by the Department of Foreign Affairs in 2021. As part of that process, the draft report was considered at a special session of the implementation group. The Government noted the finalised review at its meeting on 3 December 2021, and it is available on the Department of Foreign Affairs website.

Officials in my Department will continue to engage with colleagues in the Department of Foreign Affairs to provide necessary input into a new plan.

Question No. 63 answered with Question No. 45.

Proposed Legislation

Ceisteanna (64)

Emer Higgins

Ceist:

64. Deputy Emer Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment when the new legislation on tips and service charges will be up-and-running. [53836/22]

Amharc ar fhreagra

Freagraí scríofa

The Payment of Wages (Tips and Gratuities) Act 2022 was signed into law by the President on 20th July 2022. It is intended that the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 Commencement Order 2022 will be signed by the end of October.

The Payment of Wages (Application of Sections 4B to 4F) Regulations 2022 will also be signed by the end of October providing for the application of the Payment of Wages (Tips and Gratuities) Act 2022 to certain sectors, with effect from 1st December 2022.

The Payment of Wages (Display Notice) Regulations 2022 will also be signed by the end of October providing for the particulars of a tips and gratuities notice, also with effect from 1st December 2022.

These will provide employers with a lead-in time to prepare for the changes required by the Act.

Work Permits

Ceisteanna (65)

Neale Richmond

Ceist:

65. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide an update on the efforts to make it easier for employers to access work permits; and if he will make a statement on the matter. [52966/22]

Amharc ar fhreagra

Freagraí scríofa

With more than 2.5 million people at work in Ireland, the new Employment Permits Bill will allow us to better compete for global talent, to fill labour market gaps, to support local enterprises and to encourage Foreign Direct Investment while at the same time protecting the rights of workers in the State. While the current system is robust, the existing legislation is inflexible in its operation.

The new Employment Permits Bill will increase the agility and responsiveness of the employment permits system, modernise it, and ensures that it can adapt rapidly to changes in the Irish labour market. It will do so without changing the core policy underlying Ireland’s economic migration system which is one where the system should deliver the skills and labour needs in the economy, while prioritising the Irish and EEA labour pool.

I published the Employment Permits Bill 2022 with second stage reading in the Dáil concluding on the 12th October. This Bill has been drafted to increase agility to be able to more quickly respond to both growth and contraction in labour demand, and to align the criteria for employment permits to the changing needs of the economy by restructuring the legislation to ensure that the system’s operational details and processes are prescribed in Regulations, as opposed to primary legislation.

The changes proposed in the Bill to make it easier for employers to access employment permits in the future, to include:

- moving some operational detail to Regulations to improve the agility of the system for easier modification as circumstances require;

- to allow for the rejection of incomplete or inaccurate applications which will mean employer applicants will be informed more readily that there are errors with their application, and for the return of the fee without processing delays;

- consolidating the Acts of 2003 and 2006 and the Amendment Act of 2014 will utilise a clearer structure;

- modernising the Labour Market Needs Test

Officials of my Department are also evaluating the current employment permits processing system so that new IT procedures can be developed in tandem with the new legislation including, for example, work on plans to redevelop the system onto a cloud-based platform to ensure that the service is as flexible and efficient as possible.

State Bodies

Ceisteanna (66)

David Stanton

Ceist:

66. Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will outline his position with respect to the unitary patent system and the unified patent court; his plans to hold a referendum in relation to same; and if he will make a statement on the matter. [53410/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, in June this year, I issued a press release confirming the Government’s commitment to participate in the Unitary Patent system and the Unitary Patent Court, and to hold the necessary constitutional referendum to enable Ireland to do so. Although the timing for this referendum is a matter for Government to decide, it is anticipated that the referendum will be in 2023 or early 2024. This referendum will be held in tandem with either another referendum or other elections in order to facilitate voter turnout and to reduce costs to the taxpayer.

The Unitary Patent Court is currently in its preparatory phase. I understand that Germany has indicated that it anticipates that it will deposit its final instruments of ratification on the 23rd of December this year. This would trigger the sunrise period on the 1st of January 2023, and the Court would then be expected to commence on the 1st of April 2023. Once established, the UPC will be a centralised patent court where patent rights can be enforced in contracting Member States through instigating one legal case.

Until such time as a referendum on the matter is held and won here, Ireland will not be participating in the UPC. Irish citizens and businesses will still, however, be able to apply for a Unitary Patent which will be valid in those Member States that have ratified the Unified Patent Court Agreement. Similarly, Irish citizens will be able to defend their Unitary Patent or contest another Unitary Patent before the Unified Patent Court. National patent holders will still be able to litigate in their national courts, including in Ireland.

The main advantage of participating in the UPC is the cost saving for patent holders who wish to litigate as a decision made in the UPC will cover all participating member states, saving the patent holder from litigating in several jurisdictions. The Government decision of July 2014 provided for the establishment of a local division in Ireland, subject to the successful passing of a constitutional referendum. A local division hosted in Ireland would provide Irish businesses with the facility to litigate on Irish soil and create a wider pool of national skills and competences in Intellectual Property including, for example, legal services, and patent agencies.

Question No. 67 answered with Question No. 53.

Industrial Development

Ceisteanna (68)

Niamh Smyth

Ceist:

68. Deputy Niamh Smyth asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide an update on efforts by the IDA to attract inward investment to counties Cavan, Monaghan and Meath; and if he will make a statement on the matter. [53731/22]

Amharc ar fhreagra

Freagraí scríofa

2021 was a record-breaking year for Foreign Direct Investment (FDI) employment, with total employment in IDA client companies now standing at 275,384, up over 29,000 on 2020.

The Border Region consists of counties Donegal, Sligo, Leitrim, as well as Cavan, and Monaghan. There are 67 IDA Ireland supported companies in this region which collectively directly employ 8,721 people. Specifically, there are 8 IDA supported companies in both Cavan and Monaghan, employing 1,292 people.

The FDI performance in these parts of the country has been strong over the past five years with employment among IDA clients increasing by 18% as traditional strengths in sectors such as Engineering & Industrial Technologies and Medical Technologies were complemented by new investments from the Technology, International Financial Services and Life Sciences sectors. The most recent announced investment was in March 2022, California Head Quartered Ultra Clean Holdings Inc. announced that it is establishing an Advanced Technology Cleaning Centre in Cavan, which will create approximately 100 jobs when fully operational.

Key to that success is strategic collaboration with national and local stakeholders on the enhancement of the regional value proposition for FDI. In this regard, IDA Ireland welcomes the significant funding that Cavan and Monaghan have received under the Urban Regeneration Development Fund (URDF) to date which will add to the placemaking successes and the value proposition of both counties.

The existing FDI base of companies in Cavan and Monaghan enjoy strong collaborative links with several third level colleges including Dundalk Institute of Technology as well as the Technological University of the Shannon (TUS) and the Atlantic Technological University (ATU).

IDA will target 25 investments for the Border region in the period 2021 to 2024 and will continue to actively promote Cavan and Monaghan as part of the wider Border value proposition. The agency will build on the strengths and competencies of the region with a focus on opportunities arising in the sectors of Life Sciences, Technology and Services. The objective will be to take advantage of emerging technologies and business models, including home and hub working.

IDA Ireland has completed the construction of an Advance Building Solution in Monaghan which it is currently actively marketing to potential FDI clients and as part of its current strategy the Agency also plans to deliver an Advance Building Solution in Cavan.

Meath is marketed by the IDA as part of the Mid-East Region. There are 103 IDA client companies employing 18,894 people in this region with 16 companies in Meath employing 1,911 people.

The FDI performance here has been consistent over the past five years with employment among IDA clients increasing by 6%. Counties benefit hugely from the direct and indirect employment generated by IDA client companies located in Dublin. The Mid-East has a significant ecosystem of well-established companies across Technology, Life Sciences, International Financial Services and Engineering & Industrial Technologies. It has also won significant investment in the Food and the Film sub-sectors. The region is strongly supported by third level education providers, including Maynooth University, Dundalk Institute of Technology, IT Carlow’s satellite campus in County Wicklow and Dunboyne College of Further Education.

The IDA will continue to market the Mid-East region drawing on existing assets, including property solutions and placemaking. IDA Ireland will focus on investment opportunities arising in services, high value manufacturing, and RD&I. As part of its strategy IDA Ireland will target 40 investments for the Mid-East region in the period 2021 to 2024.

IDA Ireland intends to partner with Meath County Council for the delivery of an advance planning permit for an Advanced Technology Building in Navan, Co. Meath to advance the location from an attractiveness perspective.

The IDA will continue to work closely with existing clients to retain and strengthen their presence through continued company transformation as well as pursuing new areas of opportunity for client companies. IDA will also continue to work closely with Enterprise Ireland and its indigenous base of companies to identify synergies, enhance clusters, participate in site visits and maximise benefits.

Questions Nos. 69 to 79, inclusive, answered orally.

Departmental Policies

Ceisteanna (80)

Pádraig O'Sullivan

Ceist:

80. Deputy Pádraig O'Sullivan asked the Minister for Rural and Community Development if she will provide an update on the Towns First Policy which was launched recently; and if she will make a statement on the matter. [53711/22]

Amharc ar fhreagra

Freagraí scríofa

The Town Centre First Policy is a major cross-government policy that aims to tackle vacancy, combat dereliction and breathe new life into our town centres.

Key to this, is the establishment of the National Implementation Office to assist in the delivery and implementation of the policy, and to co-ordinate stakeholder engagement at a national level. It is also responsible for coordinating the work Town Regeneration Officers in driving implementation of the policy.

The head of the National Implementation Office has been appointed and recruitment of support staff is ongoing. Similarly, local authorities have advanced the appointment of the Town Regeneration Officers funded by my Department who will drive the development of Town Centre First Plans at a local level.

26 towns have been chosen initially to develop these Town Centre First plans, with each being funded by my Department. The plans should be tailored to the needs of each town in addressing vacancy and dereliction and in making them better places to live, work, visit and do business.

Earlier this year, the Croí Cónaithe (Towns) Fund was also launched which will support the refurbishment of vacant homes and the availability of serviced sites. I understand that the Fund will be extended to rural areas and cities in November.

Significant funding for the support of Town Centre First objectives also continues through schemes administered by my Department such as the Town and Village Renewal Scheme and the Rural Regeneration Fund. These schemes provide vital financial support to communities to address issues such as vacancy and dereliction in rural towns.

I am committed to ensuring that the continued roll out of the Town Centre First policy will work to deliver on the goal of revitalising rural towns and villages as set out in Our Rural Future.

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